TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: OCTOBER 18, 2005
SUBJECT: AWARD OF CONTRACT FOR SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED IMPROVEMENTS TO MARYMOUNT COLLEGE (30800 PALOS VERDES DRIVE EAST).
Staff Coordinator: Ara Michael Mihranian, AICP, Senior Planner
Authorize the Mayor and the City Clerk to sign a professional services agreement in an amount not to exceed $198,930.00, with RBF Consulting, to prepare an Environmental Impact Report (EIR) for the Marymount College Facilities Expansion Project on property located at 30800 Palos Verdes Drive East.
On May 15, 2000, Marymount College submitted an application (Conditional Use Permit No. 9 Revision ‘D’) to expand its campus facilities. The application was subsequently deemed complete on July 12, 2001 and the City Council approved an agreement with RBF Consulting to prepare an Environmental Impact Report (EIR) for the project. During the preparation of the project’s original EIR, a geotechnical issue surfaced which prompted the applicant to reconsider its original proposal. As a result, the applicant withdrew the original application on June 12, 2003. Specifically, the original application was withdrawn because geotechnical studies concluded that the south-east facing slope, immediately above the South Shore Landslide, did not meet the City’s 1.5 slope stability requirement. At that point, all work on the nearly completed Draft EIR was ceased and the document was not circulated to the public.
On June 12, 2003, the same day the original application was withdrawn, the College submitted a new application (Conditional Use Permit No. 9 Revision ‘E’) to the City as a placeholder that was deemed incomplete for processing by Staff because architectural plans did not accompany the filed application. On November 18, 2004, the College submitted the site plan and architectural plans that corresponded to the revised application. After reviewing the revised application, on December 16, 2004, Staff deemed the application incomplete and requested additional information prior to processing the project application. On May 25 and July 20, 2005, the College resubmitted the project plans with the respective corrections and information. On August 21, 2005, the project application was deemed complete for processing.
Based on Staff’s review of the original project application and its potential impacts to the surrounding environment, Staff determined that an EIR would be necessary to comply with the requirements of the California Environmental Quality Act (CEQA). Staff believes that an EIR is still warranted for the current proposal. Since the original project’s EIR was near completion, Staff anticipates updating the document based on the current proposal. However, studies contained within the original EIR document will need to be updated and revised to reflect the new project and to account for the time lapse between study periods.
In response to the revised project application, RBF Consulting submitted a cost proposal to prepare an EIR for the revised project. After reviewing the proposal and further defining the scope of work and the projected cost, the College accepted the proposal as currently presented (see attached Letter). The RBF service agreement is now before the City Council this evening for approval.
As noted above, RBF Consulting was hired by the City to prepare the College’s original project EIR. The City Selected RBF Consulting because of their high qualifications and familiarity with the issues and concerns of the City (The Long Point Resort Hotel project EIR was prepared by RBF). Since RBF was the original consultant, when the revised project application was submitted, City Staff requested that RBF submit a cost proposal to prepare the revised project’s EIR. City Staff instructed RBF that since over two years had lapsed since the Draft EIR for the original project was set to be released, updated technical data and new studies, including, but not limited to traffic, noise, and visual simulations, would need to be prepared. Furthermore, City Staff requested that the new cost proposal account for a new scoping meeting so that the surrounding residents have an opportunity to review the revised project plans and provide the City with their concerns for inclusion in the project EIR. As a result, RBF proposes to prepare the revised project EIR at a cost of $198,930.00 (see attachment).
Staff and Marymount College have reviewed the scope of work and are in agreement to the cost proposal. Therefore, at this time, Staff is seeking authorization to enter into a service agreement with RBF Consulting to begin the preparation of the new EIR.
According to the EIR project schedule (Page 25 of the cost proposal), if the service agreement between the City and RBF is approved this evening, Staff anticipates the CEQA required Notice of Preparation (NOP) and the Initial Study (IS) to be released to the public, responsible agencies, and interested parties in mid-November notifying them that an EIR is going to be prepared and soliciting input on what the EIR should analyze. Furthermore, CEQA process also recommends, but does not require, that a public scoping meeting be held during the 30-day IS/NOP review period to give the public another opportunity to voice their comments in lieu of, or in addition to, submitting written comments. Although a date for the scoping meeting has not been confirmed yet, Staff expects the meeting to occur in early December.
The preparation of an EIR for the proposed improvements at Marymount College will not directly impact the City’s General Fund nor will it have a fiscal impact to the City in that all costs associated with the preparation of the EIR will be incurred by the project applicant, Marymount College.
For the reasons noted above, Staff recommends that the City Council authorize the Mayor and the City Clerk to sign a professional services agreement in an amount not to exceed $198,930.00, with RBF Consulting, to prepare an Environmental Impact Report (EIR) for the Marymount College Facilities Expansion Project on property located at 30800 Palos Verdes Drive East
Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT is executed this 18th day of October, 2005, by and between the City of Rancho Palos Verdes (hereinafter called "CITY"), and RBF Consulting (hereinafter called ("CONSULTANT").
WHEREAS, the CITY received an application from Marymount College, requesting approval to construct approximately 136,008 square feet of new floor area in the form of new classrooms, a new library, a new gymnasium, and student residence halls. Additionally, the college proposes a variance to construct on an extreme slope and to conduct approximately 83,000 cubic yards of associated grading to accommodate the site improvements and reconfigure and reconstruct the parking lots on property located at 30800 Palos Verdes Drive East. Said application will require compliance with the California Environmental Quality Act (CEQA). The project is described in detail in the applicant’s project binder dated May 2005; and,
WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and CITY'S Local Guidelines require the preparation of an Environmental Impact Report (EIR) for the proposed project; and,
WHEREAS, CONSULTANT represents that it is professionally qualified and able to prepare the necessary Environmental Documentation in compliance with the applicable state laws and state, local guidelines, and in a format consistent with CEQA requirements.
NOW, THEREFORE, the parties agree as follows:
Section 1. CONSULTANT'S Services. Consultant shall perform professional services by preparing Environmental Documentation for the proposed facilities expansion at Marymount College as set forth in the "Scope of Work", attached hereto as Exhibit "A" and made part hereof by reference, including the following services:
(a) CONSULTANT, shall prepare, under consultation with the CITY, the following for the proposed project; (1) an Initial Study, (2) a Notice of Preparation (3) a Draft EIR, (4) a Response to Comments on the Draft EIR, (5) a Final EIR, (6) a Mitigating Monitoring and Reporting Program, (7) a Statement of Overriding Consideration (if necessary), and (8) a Notice of Determination as specified in Section II of Exhibit ‘A’.
The EIR shall be prepared in compliance with the "Scope of Work" attached as Section II of Exhibit ‘A’ and shall contain all items required by CEQA (as amended), the State Guidelines, and CITY'S Local CEQA Guidelines.
(b) When requested, CONSULTANT shall attend and participate in meetings with CITY staff as well as Public Hearings, which are necessary for the preparation and completion of the environmental documentation. Any meeting for which CONSULTANT is requested to attend by CITY beyond the number of meetings identified in Section II of Exhibit ‘A’, CONSULTANT shall be compensated on a time and materials basis at the rates set forth in the "Budget" contained in Section X of Exhibit ‘A’, which is attached hereto and incorporated herein by reference.
(c) CONSULTANT shall supply CITY with the deliverables described in the "Scope of Work" attached as Exhibit ‘A’, including the following documents for the proposed project:
(d) All reports, information, data and exhibits prepared or assembled by CONSULTANT or any subconsultants in connection with the performance of its services pursuant to this Agreement are confidential until released by CITY to the public, and CONSULTANT agrees that they shall not be made available to any individual or organization without prior written consent of the CITY prior to such release. All such reports, information, data and exhibits shall be delivered to CITY upon demand without additional cost or expense to CITY. All charts, tables, figures, and maps, which are prepared with computer-based mapping or spreadsheet programs, shall be provided to CITY in their original formats.
(e) CONSULTANT shall respond to those comments raised by CITY staff's review of the documents in order to facilitate completion thereof. Consultant shall also respond to all comments from the public, responsible agencies, and/or other interested parties regarding the EIR. Letters identifying the response shall be sent to each commenting party.
(f) This agreement and the scope of work to be performed by CONSULTANT may only be amended in a written document executed by both of the parties to this agreement.
Section 2. Time of Performance. CONSULTANT shall timely perform the services described above as shown in the schedule within the attached Section III of Exhibit ‘A’.
Section 3. Compensation. CITY agrees to compensate CONSULTANT, and CONSULTANT agrees to accept in full satisfaction for the services provided for hereunder, a fixed fee not to exceed $198.930.00 for the EIR, which includes all labor and subconsultant costs, as described in the "Budget" contained within the attached Section IX of Exhibit ‘A’. In addition, this fixed fee shall include all expenses for printing, word processing, delivery, fax, phones, mileage, etc. Prior to printing of any documents, CONSULTANT shall verify with CITY the total number of documents to reproduce.
Not included in this fixed fee are expenses incurred for attending meetings beyond those specified in Section 1.(b) of this contract; analysis of key issues in addition to those identified within the attached Section II of Exhibit ‘A’, changes in the project description, plans, or scope of work requiring additional work; and printing additional copies of any document beyond the number of copies specified in Sections II and IX of Exhibit ‘A’.
The actual costs of CONSULTANT'S services and expenses shall be itemized on the Invoice form, and CITY shall pay CONSULTANT for said undisputed services and expenses. Payments shall be made based upon Consultant's monthly invoices up to the maximum amounts set forth in the following schedule:
Maximum Amount of Payments
Initial Study/ Project Description
Final EIR/Mitigation Monitoring Program
Notice of Determination/Statement of Overriding Considerations
Receipt of Notice of Determination
Release of 5% Retention
Any work approved pursuant to section 1(f) of this agreement shall be included in the appropriate segment of the foregoing schedule, as determined by the City, and the maximum billing amounts shall be adjusted accordingly.
Five percent (5%) of each bill submitted by CONSULTANT shall be held by CITY in a retention account. The retained funds will be released to CONSULTANT when the environmental documentation project is successfully completed by the submittal of the final Notice of Determination/ Statement of Overriding Consideration (if necessary).
If CONSULTANT is requested by CITY to revise or supplement the environmental documentation with additional data, information or analysis solely as a result of the CONSULTANT'S failure to comply with the requirements of CEQA, or the State or local CEQA Guidelines, CONSULTANT shall provide such revision or supplement at no additional cost to the CITY.
If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur, new, unforeseen issues arise, or comments on the documents are received from attorneys other than the City Attorney during or following the circulation of the draft environmental document, during the term of this Agreement that require modification of the environmental documentation, CONSULTANT will perform such additional services on a time-and-materials basis, at the rates set forth within Section X of Exhibit ‘A’.
The CITY and CONSULTANT hereby acknowledge and agree that the terms of CONSULTANT'S compensation are not dependent upon the CITY'S final action on these Projects.
Section 4. Independent Contractor. CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of the CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between the CITY and CONSULTANT.
Section 5. Assignment. This agreement may not be assigned in whole or in part, without the prior written consent of CITY.
Section 6. Consultant. Responsible Project Manager. The CONSULTANT shall have a Responsible Project Manager who shall be principally responsible for the CONSULTANT'S obligations under this Agreement and who shall serve as principal liaison between CITY and CONSULTANT. The name of the Responsible Project Manager is Glenn LaJoie. Designation of another Responsible Project Manager by CONSULTANT shall not be made without the prior written consent of CITY.
Section 7. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT'S services under this Agreement. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall be responsible for their services. CONSULTANT may not employ additional subconsultants without prior written approval of CITY.
Section 8. City: Liaison. CONSULTANT shall perform under the general supervision of the Director of Planning, Building and Code Enforcement of CITY ("Director") or his or her designee, and all communications, instructions and directions on the part of the CITY shall be communicated exclusively through the Director or his or her designee. Any direct communication between CONSULTANT and the project proponent shall be appropriately authorized as determined by the Director.
Section 9. Data and Services to be Furnished by CITY. All information, data, records, reports and maps as are in possession of CITY and necessary for the carrying out of this work shall be available to CONSULTANT without charge.
Section 10. Interests of CONSULTANT. The CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with the CONSULTANT or any subconsultant.
The parties agree:
(a) CITY has sole discretion to direct the work and evaluate the performance of CONSULTANT and CITY retains the right to terminate this Agreement or replace CONSULTANT at any time, in accordance with the provisions of Section 13 herein.
CONSULTANT, in accordance with the provisions of this agreement.
(c) CITY shall pay CONSULTANT from a CITY account under the exclusive control of CITY.
Section 11. Insurance. CONSULTANT shall submit to CITY certificates indicating compliance with the following minimum insurance requirements, to be maintained during the term of this agreement, not less than one (1) day prior to the beginning of performance under this Agreement.
1. Worker's Compensation Insurance to cover its employees as required by the California Labor Code.
The CONSULTANT shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
2. General liability protecting CONSULTANT in an amount no less than $1,000,000 per occurrence, $1,000,000 in the aggregate, for bodily injury, personal injury and property damage. Automobile liability protecting CONSULTANT in an amount not less than $500,000 per accident for bodily injury and property damage. Employer's liability protecting CONSULTANT in an amount no less than $1,000,000 per accident, bodily injury or disease. CONSULTANT agrees to maintain in full force and effect during the term of this Agreement professional errors and omissions insurance in an amount not less than $1,000,000 per claim, and in the aggregate. Such policies of insurance shall:
(a) Be issued by an insurance company which is admitted to conduct business in the State of California and which is rated in Best's Insurance Guide with a rating of A VII or better.
(b) Except for Worker's Compensation and Employer's Liability, name and list as additional insureds the CITY, its officers and employees.
(c) Except for Worker's Compensation and Employer's Liability, such insurance policies shall be primary to any other similar insurance and shall name the CITY, its officers, agents and employees, as additional insureds. Each insurance policy shall contain a provision that prohibits cancellation, without thirty (30) days prior written notice to the CITY. The insurance certificates evidencing such insurance and endorsements naming the CITY, its officers, employees, and agents as additional insureds, shall be submitted to the CITY for review and thereafter the CITY shall have the right to approve or disapprove any insurance procured by CONSULTANT under the standards of this section.
Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT'S liability or as full performance of CONSULTANT'S duties to indemnify, hold harmless, and defend under this Agreement.
(d) Except for Worker's Compensation and Employer's Liability, indemnify the CITY from liability from loss, damage or injury to persons or to property arising from CONSULTANT'S negligent acts in connection with the performance of services under this Agreement.
(e) Except for Worker's Compensation and Employer's Liability, include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit it brought, except with respect to the limit of the insurer's liability."
(f) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the CITY of such cancellation."
(g) Cover the operations of CONSULTANT pursuant to the terms of this Agreement.
(h) Acceptable to the City Attorney, and failure to comply with these insurance requirements shall be a material breach of the Agreement.
3. CONSULTANT shall not commence the performance of its services under this contract until the above insurance has been obtained and appropriate Certificates of Insurance have been filed with CITY. CONSULTANT further agrees that a clause substantially similar to this Section 11 will be included in any subcontract executed under this contract.
Section 12. Indemnification. CONSULTANT agrees to defend and indemnify the City, its officers, employees, and agents against, and will hold and save them and each of them harmless from damages to persons or property, penalties, obligations, liabilities, and costs, including but not limited to reasonable costs of defense, that may be claimed by any person, firm, entity, corporation, political subdivision or other organization to the extent caused by the negligent acts or intentional tortious acts, errors or omission of CONSULTANT or those for whom CONSULTANT is legally responsible. However, if any information or data prepared or provided by consultant is misused by an agent of the City, consultant shall not be responsible for such misuse of data.
Section 13. Termination. The executory provisions of this Agreement may be terminated by CITY upon five (5) days written notice to the CONSULTANT without further action by CITY. The executory provisions of this agreement may be terminated by the CONSULTANT upon thirty (30) days written notice to the CITY. In the event of such termination by the CITY, the CITY shall pay the CONSULTANT for work satisfactorily completed to date of such termination, but in no event to exceed the compensation described in Section 3 of this agreement, based on the percentage of completion of CONSULTANT's work on the date of termination, provided such work is in a form usable by CITY.
Section 14. Notice. Any notice or materials required to be given to the CONSULTANT shall be deemed duly and properly given upon delivery, if sent to CONSULTANT postage prepaid to:
Glenn Lajoie, AICP
14725 Alton Parkway
Irvine, CA 92618
or personally delivered to CONSULTANT at such address or other address specified to the CITY in writing by CONSULTANT.
Any notice or materials required to be given to the CITY shall be deemed duly and properly given upon delivery, if sent to the CITY postage prepaid to:
Director of Planning, Building and Code Enforcement
c/o City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
or personally delivered to CITY at such address or other address specified to the CONSULTANT in writing by the CITY.
Section 15. Entire Agreement. This agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 16. Litigation Costs. Should any dispute under this Agreement lead to litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action.
Section 17. Applicable Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. Venue for any action arising from this Agreement, including but not limited to matters concerning validity, construction, performance or enforcement shall be exclusively in the state of federal courts located in Los Angeles County.
Section 18. Business License Required. Consultant shall obtain and maintain a City Business License prior to commencing preparation of the Environmental documentation as outlined in this agreement.
Section 19. Merger Clause. This Agreement and its Exhibits are the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions of this Agreement and any of its Exhibits, the provisions of this agreement shall prevail.
Section 20. Provisions Cumulative. The foregoing are cumulative and in addition to and not in limitation of any other rights or remedies available to the CITY.
Section 21. Anti-Waiver Clause. None of the provisions contained herein shall be waived because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived in whole or in part.
EXECUTED the day and year first stated above.
"CITY" CITY OF RANCHO PALOS VERDES
Larry Clark, MAYOR
"CONSULTANT" RBF Consulting
‘A’ Proposal: Scope of Work, Project Schedule, Budget